Section 154, The Mines and Minerals Act, 2009

(1) Subject to subsection (3), the holder of a mineral rightshall sell mineral products obtained under its mining operations- (a) in accordance with generally accepted international business practices; (b) for exported minerals, at the best available international market prices at the time the contract for sale is made; and (c) for exported minerals, on the best international terms compatible with world market conditions and conditions obtainable in the circumstances. (2) Subject to subsection (3), the holder of a mineral right shall make sales commitments to affiliates only at prices based on or equivalent to arms length sales to non-affiliated purchasers and in accordance with such terms and conditions on which agreements would be made if the parties had not been affiliated. (3) The provisions of this section shall apply to holders of large-scale mining licences having a capital expenditure of not less than US$5 million. (4) Where the Minister considers the realised price does not comply with subsections (1) and (2) the Minister, on the advice of the Minerals Advisory Board, shall determine the appropriate price.